GULABCHAND CHHOTIRAM MARWADI Vs. RAMNATH CHHOTRIRAM MARWADI

JUDGEMENT

(1.) In First Appeal No. 315 of 1916 we dealt with the decision of the lower Court in the original suit No. 42 of 1909, which was a partition suit. That suit had been proceeding for a very large number of years before a final decision could be arrived at; and the main question in that appeal was whether the lower Court was right in allowing the plaintiffs mesne profits of certain Nipani lands for the years 1905 to 1909, and we came to the conclusion that that order was wrong.

(2.) Now it appears that on the basis of certain remarks made in the judgment of the trial Court dated 12 September 1914, the plaintiffs filed this Suit No. 426 of 1918 claiming to recover Rs. 16,000 from the defendants as certain balances shewn as due in the plaint Schedules A, B, C. These balances consist of certain amounts clue of bonds and certain amounts said to be outstanding as due against tenants for rents for the years 1905 to 1910.

(3.) Apart from anything that was said in that judgment, it would follow from what this Court, said in the judgment in First Appeal No. 315 of 1916 that the plaintiffs were not entitled to any account of the mesne profits with regard to rents, and with regard to bonds which were divided amongst the members of the family, they had to take their chance whether the bonds were good or bad.